Ord 641
ORDINANCE NO. 641
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
EXTENDING THE TIME LIMITS WITH RESPECT TO THE
REDEVELOPMENT PLAN FOR THE PAGUAY
REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Poway adopted Ordinance No. 117
establishing the Redevelopment Plan (the "Redevelopment Plan") for the Paguay
Redevelopment Project (the "Redevelopment Project") on December 13,1983; and
WHEREAS, the City Council adopted Ordinance No. 415 on June 15, 1993,
amending the Redevelopment Plan for the Redevelopment Project; and
WHEREAS, pursuant to Section 33333.6 of the California Health and Safety
Code, the City Council adopted Ordinance No. 439 on December 13, 1994, establishing
a time limit on the effectiveness of the Redevelopment Plan, and a time limit on the
period for payment of indebtedness and receipt of property taxes; and
WHEREAS, pursuant to Section 33333.6(e)(2)(C) of the California Health and
Safety Code, the City Council adopted Ordinance No. 605 on August 3, 2004, extending
the time limits on the effectiveness of the Redevelopment Plan and the period of
payment of indebtedness and receipt of property taxes by one year; and
WHEREAS, Section 33333.6(e)(2)(D) of the California Health and Safety Code
provides that when a redevelopment agency is required to make a payment to the
Educational Revenue Augmentation Fund in Fiscal Years 2004-05 and 2005-06
pursuant to Section 33681.12 of the California Health and Safety Code, the legislative
body may enact an Ordinance extending the time limits on the effectiveness of the
Redevelopment Plan and the period of payment of indebtedness and receipt of property
taxes by one year for each year in which a such a payment is made, upon making
certain specified findings; and
WHEREAS, the Poway Redevelopment Agency (the "Agency") is in compliance
with the requirements of Section 33334.2 or 33334.6 of the California Health and Safety
Code, as applicable; and
WHEREAS, the Agency adopted an Implementation Plan on December 31,
2004, in accordance with the requirements of Section 33490 of the California Health
and Safety Code; and
WHEREAS, the Agency is in compliance with the replacement housing and
inclusionary housing requirements set forth in subdivisions (a) and (b) of Section 33413
of the California Health and Safety Code, as applicable, as demonstrated in the
Implementation Plan; and
Ordinance No. 641
Page 2
WHEREAS, the Agency is not subject to sanctions pursuant to subdivision (e) of
Section 33334.12 of the California Health and Safety Code for failure to expend,
encumber, or disburse an excess surplus; and
WHEREAS, the City Council is adopting this Ordinance to amend and extend
certain time limitations of the Redevelopment Plan, as more particularly provided in
Section 2 of this Ordinance, in accordance with Section 33333.6(e)(2)(D) of the
California Health and Safety Code; and
WHEREAS, the enactment of this Ordinance is exempt from the California
Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA")
pursuant to CEQA Guidelines Section 15378(b)(4), because it is a fiscal activity which
does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1. In enacting this Ordinance, the City Council finds and determines
as follows:
(a) The Agency is in compliance with the requirements of Section 33334.2 or
33334.6 of the California Health and Safety Code, as applicable.
(b) The Agency adopted an Implementation Plan on December 31, 2004, in
accordance with the requirements of Section 33490 of the California Health and Safety
Code.
(c) The Agency is in compliance with the replacement housing and
inclusionary housing requirements set forth in subdivisions (a) and (b) of Section 33413
of the California Health and Safety Code, as applicable, as demonstrated in the
Implementation Plan.
(d) The Agency is not subject to sanctions pursuant to subdivision (e) of
Section 33334.12 of the California Health and Safety Code for failure to expend,
encumber, or disburse an excess surplus.
(e) The funds used to make the payments to the Educational Revenue
Augmentation Fund would have otherwise been used to pay for the costs of projects
and activities necessary to carry out the goals and objectives of the Redevelopment
Plan.
Ordinance No. 641
Page 3
Section 2. The time limit on the effectiveness of the Redevelopment Plan is
hereby extended by two years to January 12, 2027. The Agency is hereby authorized
to act with respect to the Redevelopment Plan at any time during which the
Redevelopment Plan is effective. The two year extension on the effectiveness of the
Redevelopment Plan provided by this subsection has been calculated as follows: (i) a
one year extension pursuant to Section 33333.6(e)(2)(D) of the California Health and
Safety Code for the payment to the Educational Revenue Augmentation Fund in Fiscal
Year 2004-05; and (ii) a one year extension pursuant to Section 33333.6(e)(2)(D) of the
California Health and Safety Code for the payment to the Educational Revenue
Augmentation Fund in Fiscal Year 2005-06.
Section 3. The time limit on paying indebtedness and receiving property taxes
pursuant to the Redevelopment Plan is hereby extended by two years to January 12,
2037. The two year extension provided by this subsection has been calculated as
follows: (i) a one year extension pursuant to Section 33333.6(e)(2)(D) of the California
Health and Safety Code for the payment to the Educational Revenue Augmentation
Fund in Fiscal Year 2004-05; and (ii) a one year extension pursuant to Section
33333.6(e)(2)(D) of the California Health and Safety Code for the payment to the
Educational Revenue Augmentation Fund in Fiscal Year 2005-06.
Section 4. Except with respect to the amendments set forth herein, the
Redevelopment Plan, as amended, shall remain unchanged, and in full force and effect
in accordance with its terms.
Section 5. This Ordinance shall take effect and be in full force thirty (30) days
after the date of its passage; and before the expiration of fifteen (15) days after its
passage it shall be published once with the names and members voting for and against
the same in the Poway News Chieftain, a newspaper of general circulation which is
published and circulated in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 20th day June, 2006, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 18th day of July, 2006, by the following roll
call vote:
AYES:
NOES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
ATT~
~ane Shea
City Clerk